UK: Disciplinary and grievance procedures – proposed changes to Acas Code

Acas is consulting on changes to its Code of Practice on Disciplinary and Grievance Procedures to reflect the EAT ruling in Toal v GB Oils. This case concerned employees’ right to a companion at a disciplinary or grievance hearing provided they make a ‘reasonable request’. The current version of the Code assumed that the quality … Read more

Japan: Yet more potential labour law reform

Following the recent election the government is again examining ways of introducing more flexibility in employment contracts. The government proposes to specify certain organisations, namely those with a high proportion of employees who are foreign nationals, and those which have been trading for less than five years, and which are located in “special zones” (likely … Read more

UK: Grievances – implied duty to provide impartial appeal

Employers should ensure that appeals against a grievance decision are heard by an appropriate senior manager other than the original decision-maker, unless this really is not possible. The individual should also be outside the reporting line of the original decision-maker, to avoid allegations of bias or failure to exercise independent judgement. The EAT has confirmed … Read more

UK: Discipline/grievances- employees can choose ‘unreasonable’ companion

The EAT has ruled that employees exercising the statutory right to be accompanied at a disciplinary or grievance hearing are entitled to have present whomever they choose, provided the individual is a relevant union representative or work colleague. Employers cannot refuse a particular companion on the grounds that their presence is unreasonable. The requirement that … Read more

UK: Acas guidance on protected settlement discussions

Acas has published a non-statutory Guide to accompany the statutory Code on the new settlement discussion regime which came into effect on 29 July 2013.  The new regime provides a degree of protection for discussions about possible termination of employment even where there is no “dispute” (such that without prejudice protection does not apply).    Evidence … Read more

Proposed changes to the Singapore Employment Act

Employment protections under the Employment Act, Chapter 91 of Singapore (EA) are expected to be extended to a broader category of employees and additional protections have been proposed following a Ministry of Manpower (MOM) public consultation process which will be conducted in two phases. Phase One of the process commenced at the end of 2012 … Read more